Illegal Migration Act: Northern Ireland

Lord Purvis of Tweed Excerpts

Wednesday 15th May 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

That may be the case, but, as I have repeatedly said, the Government intend to appeal the decision. Until that appeal is heard, I do not know that there is much else to say on this.

[Lord Purvis of Tweed (LD)]

My Lords, the Illegal Migration Act gives Ministers the power to detain those who have arrived in small boats. My understanding is that that is still not yet in force after a number of months—since last July. What prevents anybody who has arrived on a small boat since last July then travelling to Northern Ireland?

[Lord Sharpe of Epsom (Con)]

My Lords, we do not believe that this will induce people to go to Northern Ireland. The cohort we are detaining has been considered under existing legislation, so those who are part of that cohort can and will be removed to Rwanda. There would be no benefit to their going to Northern Ireland to avoid this removal. The NABA cohort is anyone who arrived in the UK on or after 1 January 2022 and who received a notice of intent prior to 29 June 2023, which informed them that their asylum claim may be considered inadmissible and that they may be removed to Rwanda.

Russia

Lord Purvis of Tweed Excerpts

Tuesday 14th May 2024 Lords Chamber

[Lord Coaker (Lab)]

My Lords, as I have said on behalf of His Majesty’s Opposition on a number of occasions, we will always work with the Government on matters of national security. All of us want to protect our country, our people and our democracy, and we will stand with our friends and allies across the world in order to do this. We join the Government in condemning Russian interference and hostile activity here in the UK and throughout Europe. There have been numerous examples of such activity, not least the current cases that we have seen and many others, as outlined by the Home Secretary in his Statement in the other place. We read consistently of such attacks in our newspapers.

We also remind everyone that we remain absolutely at one with the Government with respect to Ukraine and that should there be any change of government in the near future, there will be no change of policy at all. It is important for us all to recognise—and continue to recognise—that the defence of the UK starts in Ukraine, against the illegal invasion by Russia, but that there are also challenges and threats to our homeland security, so we support the measures that the Home Secretary outlined a few days ago in his Statement. It is in this spirit of cross-party support that I will make a number of further points and ask some questions of the Government.

Notwithstanding recent changes to the law, there remain questions about illicit Russian finance. Can the Minister reassure us about the priority that the Government are giving to this? What are the latest figures he has available that he can share with us about the amount of illicit Russian finance that the Government believe there to be and how much has so far been seized? As I say, there is continuing concern that we could and should be doing more.

Can the Minister outline what diplomatic response the Government expect from Russia? The Home Secretary said:

“We will always ensure that we protect our ability to have lines of communication with Russia … Routes for de-escalation”


and so on

“are very important … We will seek to maintain”

those lines

“even while we take these decisive actions”.—[Official Report, Commons, 8/5/24; col. 587.]

We all agree with that, so can the Minister say anything further on any diplomatic response one way or the other, notwithstanding the obvious difficulties with respect to that?

On the question of seizing Russian assets to fund reconstruction in Ukraine, a policy that the Government have said they support in principle, has this policy been progressed in any way? In the United States, more than 70 individuals have been charged with sanctions evasion and huge amounts of assets seized. Can the Minister give an equivalent figure for the UK? It is my understanding that no one has been charged. If so, can he explain whether any cases are ongoing and, if not, why not? It is also the case that we have still not had a full update on the scale of risks from golden visas. When can we expect that from the Government?

Finally, there can be no doubt that from Iranian-sponsored “kidnap and kill” threats to attacks on so-called dissidents, the repression of Hong Kong protesters outside the Chinese consulate in Manchester, Salisbury and many other examples on home soil in the UK, we have witnessed a fundamental shift in the threat landscape. State actors are targeting us in our own country, sometimes with the co-operation of serious and organised crime. Even in this Parliament, a parliamentary aide and more alleged spies have been charged, as we have recently seen in our papers, although with respect to China. How are the Government responding to this increased threat and supporting the amazing work of our police and intelligence agencies, which we all recognise?

This is one of the fundamental questions of our democracy today, so the co-ordination of that effort across government is of extreme importance. I wonder whether the Minister could say a little about that. We must not be found lacking in our response as we defend our hard-won freedoms, and that co-ordinated effort must be at the heart of it.

[Lord Purvis of Tweed (LD)]

My Lords, I associate myself with many of the remarks of the noble Lord, Lord Coaker. I agree with what he said. These Benches also welcome the Statement repeat and support the Government’s actions. I too pay tribute to the security and intelligence services, which remain vigilant in keeping us safe from foreign malign activity. It is of course a very serious matter when we have to take action against so-called diplomats—those who are abusing not only the protections that diplomatic conventions afford them but their position within the United Kingdom—but actions have been necessary.

I note that the Home Secretary indicated in the Statement that this was the first legislation under the National Security Act on which the noble Lord, Lord Coaker, and I, along with my noble friend and others, worked closely with the Minister. He was very open and worked on a cross-party basis. When it comes to national security and keeping our country safe, we are of the view—I think the Minister agrees—that this is not a partisan issue, no matter what the Prime Minister may have said this week. I pay tribute to the Minister for his work on that, and it is rewarding to see that the measures we put in place on a cross-party basis have been activated. That demonstrates to any country around the world that government and Parliament are united in ensuring that our people will be safe.

As the noble Lord, Lord Coaker, indicated, we should of course expect a tit-for-tat response. What advice are His Majesty’s Government giving to the wide network of UK journalists and other nationals still operating in Russia in the genuine field of culture, trade and people-to-people relations? I have said repeatedly that our concern is not with the people-to-people relations between the UK and Russia but with the Putin regime. What vigilance will they therefore have to have, and what advice are the Government giving?

Concerning the wider issues on sanctions and assets, as indicated in the Statement, I think I have spoken to almost all the sanctions that Parliament has approved and that the Government have put in place. We support them all, of course, but unfortunately there are certain areas that are vulnerable to sanctions circumvention. What actions will the Government now take on those who are actively circumventing the sanctions cited within the Statement? This includes, for example, shadow fleets that ship the oil exports from Russia, which means that Russia is continuing to make a profit out of the war. It means those within metal trading and within the financial relationships that the UK has with the Gulf. When it comes to the assets, the Statement indicated that the £22 billion of assets that we have frozen is from October. That is six months ago so, as the noble Lord, Lord Coaker, asked, what is the live figure of the assets?

The Home Secretary said in response to questions in the House of Commons that

“no one has seized or liquidated Russian assets”.—[Official Report, Commons, 8/5/24; col. 588.]

But we know that that is not the case, and not just within those that Ukraine has. What is the exact legal blockage to the UK seizing assets that we have frozen? The Foreign Secretary replied to me in this Chamber a number of weeks ago that he was frustrated with the delays. What are the delays and why have the Government not presented legislation? If legislation is required to be passed, I am certain that the Front Benches will be supportive of that move and that it can be expedited through Parliament.

I was reading this week that the EU now has mechanisms in place to charge the interest of those frozen assets, with an estimate of up to €8 billion. One estimate of the £20 billion frozen by the UK Government could mean, depending on how it is invested, that it could accrue interest of up to £1 billion over this year. Why is that not being seized for immediate use?

Can the Minister confirm to me that the mechanisms the Government have put in place to allow for frozen assets to be sold to UK businesses or individuals can never be used for them to make a profit out of any frozen assets? I understand that the mechanisms will allow bodies to buy a frozen asset but not to sell it until it is unfrozen. But it could accrue interest, so I would be grateful if the Minister could indicate that that could never be the case.

Finally, given that we are likely to see further actions from the Putin regime—we see today’s very worrying news from the Georgian Parliament and we see it in the Balkans—and, as the noble Lord said, from the China regime, now is the time for the Government to give proactive briefings to Opposition Front Benches on likely or possible future threats. We had that when we were tackling the Daesh problem but we need it now when it comes to China and Russia, and I hope the Minister can respond positively to that point.

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

I thank both noble Lords for their remarks. I will briefly outline a few highlights, as it were, from the Statement given by the Home Secretary last week, because it has been a few days and we need to tease out and probe a few important points. My right honourable friend the Home Secretary pointed out in the other place that the Prime Minister said in Poland last month that we are at a “turning point” for European security. With our allies, we will stand firm in the face of the Russian threat to the UK and our way of life—it is worth restating that for the record.

On the actions we have taken, as is well understood, we have expelled the Russian defence attaché, who was an undeclared military intelligence officer. We will remove diplomatic premises status from several Russian properties in the UK, including Seacox Heath, which is a Russian-owned property in Sussex, and the trade and defence section in Highgate. We believe they have been used for intelligence purposes. We are imposing new restrictions on Russian diplomatic visas, including capping the length of time Russian diplomats can spend in the UK.

As reported on Friday 26 April, five individuals have been charged in connection with an investigation into alleged offences under the National Security Act, which both noble Lords referred to. They rather pre-empted what I was going to say, because I obviously want to thank all noble Lords who were involved in the successful passage of what is proving to be critical legislation. It is a good example of working together, and it gives me an opportunity to thank the security services. This rather proves the point that there is co-ordinating action on behalf of the security services, the police, other government agencies and of course the Home Office, in dealing with the threats we all face. I am grateful to all the people who work so hard on our behalf in those various organisations.

I will go into the sanctions in a moment, but first I will repeat the headlines that my right honourable friend the Home Secretary mentioned in his speech. We have sanctioned over 1,700 individuals, over 90% of the Russian banking sector and over 130 oligarchs and family members, with a combined net worth of around £147 billion at the time of the invasion. As of October— I am not sure I can improve on an October figure at this point—over £22 billion of Russian assets were reported frozen as a result of UK sanctions. Those assets can no longer be taken back to Russia to fund the Putin war machine. Obviously, we consider Russia’s campaign to undermine our support unacceptable and destined to fail.

On the individuals who have been charged in connection with the investigation, and with others related to other countries that have subsequently occurred, the Crown Prosecution Service, in relation to the 26 April individuals, has confirmed that the charges relate to alleged hostile activity in the UK in order to benefit a foreign state—namely, Russia. Beyond that, I obviously cannot say very much, particularly as regards ongoing investigations.

Both noble Lords asked about illicit finance. We have swiftly implemented the strongest set of economic sanctions ever imposed against a G20 country. We have frozen over £22 billion of Russian assets under the sanctions regime, as I said, and the UK alone has sanctioned 2,000 individuals and entities under the Russian sanctions regime, over 1,700 of which have been sanctioned since Putin’s invasion. We have set up the combating kleptocracy cell in the National Crime Agency to target corrupt elites and their assets in the UK, ensuring that there is nowhere for this dirty Russian money to hide. The combating kleptocracy cell—CKC—can account for over 150 disruptions since the invasion of Ukraine, all of which demonstrably removed or reduced a criminal threat facing the UK.

I will digress briefly. The noble Lord, Lord Coaker, asked about golden visas. That scheme was closed in February 2022, following the recommendation of the Intelligence and Security Committee to review our approach to it. I have no further information about publication or anything else yet.

Returning to sanctions and what we are doing to enforce them in the UK, we are obviously committed to ensuring that they are robustly enforced and that potential breaches are investigated. Illustrating the co-ordinated approach, departments from across HMG—including the FCDO, the Treasury, OFSI, HMRC, the Home Office, DfT and the National Crime Agency—work together and with UK companies to ensure that sanctions are enforced. In August 2023, for example, HMRC fined a UK company £1 million in relation to the unlicensed trade of goods in breach of Russia sanctions. OFSI published an enforcement notice against Wise Payments Ltd, an FCA-regulated company, for breaching Russia sanctions by making funds available to a company owned or controlled by a designated person. So, firms should carefully consider what steps are appropriate to manage their sanctions risk exposure and take steps fully to address that risk. The Government have committed £50 million to support a new economic deterrence initiative to further boost our diplomatic and economic tools and improve sanctions implementation enforcement, as well as tackling sanctions evasion across the trade, transport and financial sectors.

On our collaboration with our international partners, we work closely with the G7, particularly the EU and the US, and we have stepped up our engagement with a range of third countries to highlight circumvention risk—the noble Lord, Lord Purvis, alluded to this—and support them to tackle this issue. That includes joint diplomatic outreach to countries where we see spikes in the trade of sanctioned goods with Russia. We are particularly focused on the goods published in the CHP list.

In recent months, we have sent joint delegations to the UAE, Kazakhstan, Uzbekistan, Kyrgyzstan, Georgia and Armenia, as well as having senior bilateral engagement with Turkey and Serbia, to highlight these risks and offer technical support. We have funded technical support sessions delivered by UK legal experts to business and government contacts in Armenia, Georgia, Uzbekistan and Kyrgyzstan to improve understanding of and compliance with the UK sanctions measures and regime. These efforts are paying off: a number of countries have announced concrete measures to reduce the risk of sanctioned goods reaching Russia. The latest trade data indicates a downward trend in direct exports of these items to Russia from countries of interest, including some that I mentioned.

On why we have yet to seize Russia’s assets, we remain committed to exploring all lawful routes to using Russian sovereign assets in support of Ukraine. We continue to drive ambition within the G7, which has agreed to consider this issue collectively. We continue to work at pace ahead of the G7 leaders’ summit. I commit to keeping the House updated on significant developments as appropriate. While G7 discussions continue, the UK has taken a number of steps domestically. We were the first to introduce legislation explicitly enabling us to keep sanctions in place until Russia pays for the damage it has caused. We are establishing a route by which sanctioned individuals can donate frozen funds for Ukrainian reconstruction, and we have introduced new powers to compel sanctioned individuals and entities to disclose assets they hold in the UK.

With noble Lords’ indulgence, I will address a slightly broader question which I have perhaps not been asked entirely: how we are combating Russia’s war economy. We have banned all known items found on the battlefield in Ukraine. We have banned dual-use and critical industry, aviation, defence and security goods. We have published a common high-priority items list—a list of 50 battlefield items that are important for Russia’s war effort—helping businesses identify the most critical items to focus their efforts on. This is degrading Russia’s military and high-tech industries. Production of the next-generation airborne early-warning and control aircraft has stalled due to a lack of foreign components, including semiconductors. Russia is therefore turning to other countries to supply these goods. We see reports of that in the newspapers, but I reassure noble Lords that the UK is very much leading on this work and delivering results.

On the tit-for-tat arrangement mentioned by both noble Lords, I of course cannot account for what Russia may or may not do. Regarding advice to UK residents, journalists and other interested parties in Russia, I have not looked at the recent Foreign Office advice, but I am sure it has been kept very much up to date on a regular basis. But obviously, I caution all journalists operating in Russia to be aware of the case of Evan Gershkovich, whom the Russians really should have released by now.

I think I have answered all the questions. I cannot commit to proactive briefings now, but I will certainly bear in mind what the noble Lord said and make sure it is understood in the department.

Family Reunion Visas: Gaza

Lord Purvis of Tweed Excerpts

Wednesday 24th April 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

I am afraid that I am not terribly familiar with the internet in Gaza.

[Lord Purvis of Tweed (LD)]

Is the Minister aware that the immigration tribunal judges found the Home Office’s decision on this to be “irrational”? The concern is even deeper: the Home Office found itself able to expand the situation for those in Hong Kong who were under fear of persecution, but those who are in Gaza, who are in fear for their lives, the Home Office seems to be completely silent about. Therefore, there is a concern about double standards. Given the requirement on the occupying power, the Government of Israel, to ensure facilitation of the very documentation that the Minister said is necessary, what discussions has the Home Office had with its interlocutors in the Israeli Government to ensure that the visa process for documentation is facilitated?

[Lord Sharpe of Epsom (Con)]

I might dispute the noble Lord’s premise there: I am not sure that I would characterise it as an occupying power. I reiterate what I said earlier: British nationals and those family members can obviously apply using normal routes.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Purvis of Tweed Excerpts

Consideration of Commons amendments
Monday 22nd April 2024 Lords Chamber

[The Lord Privy Seal (Lord True) (Con)]

My Lords, if I might intervene briefly and ask my noble friend for indulgence, I should say that the noble Lord opposite made important remarks. This House has a major and abiding role in asking the elected House to think again. But as he said, we are now four times into this process. This House is at its best, as he again implied, when we have dialogue, understanding and tolerance across the Chamber. We have heard the words “patriotism” and “morality” used—not by the noble Lord opposite. In my experience as Leader of this House, this is a patriotic House, whatever the party and whatever the person. This is a House where people of different political views, with a high political morality of public service, have different ways of seeking to achieve the same end. The party opposite wishes to repeal this Bill; I hope it will, shortly, be passed.

I have said this before on other occasions, and I am sorry; I crave the indulgence of the House at rising at this, but it is an important point. It is important that we have a discussion about what are the limits and what is the place of your Lordships’ House in scrutinising and indeed challenging legislation put forward by any elected Government. However, he embers of the passage of this important Bill, which I understand was controversial in this House, are not the occasion. I do not think this is the place, but this is a matter that we might debate in an open forum and privately, and I hope that we can do that.

I appreciate the gentle way—in the sense of gentlemanly, if that word is allowed to be used in this way—in which the noble Lord has put the point. I appreciate his tribute to my noble friends and others on the Front Bench, and indeed to all the people in this House. There have been spirited and good debates, in the best traditions of the House, but in the weeks and months ahead we must reflect on whether sending something back to the elected House four or five times is the best way to enable the King’s Government to be carried on.

[Lord Purvis of Tweed (LD)]

Perhaps the Leader might reflect on the point that my noble friend Lord German made. The Minister, this evening and previously, has said that the Government currently are not in a position to ratify the Rwanda treaty because they are not in a position to state that the conditions that would be required to ratify the treaty are yet in place. That assumes that a process will have to be under way for the Government to ratify that treaty, of which we are currently unaware.

The Leader speaks very sincerely about our ability to scrutinise and to hold the Government to account for decisions that they make, especially when it comes to international agreements. Given what the Minister said—I repeat, that the Government are currently not in a position to ratify the treaty—will the Leader ensure, through the usual channels, that there is open discussion about facilitating time in this Chamber for us to discuss what the Government’s statement would be when they come to the conclusion that those requirements for the treaty are in place? Surely that is simply an open way for us to scrutinise the decision that would be made if the conditions are met.

[Lord True (Con)]

My Lords, I hope it is in scope for the Leader of the House to interpose his body, particularly when the noble Lord is active and spirited, as he is at this hour. I will say two things. First, we have had many hours of debate on this legislation. I think the doubts about the Bill, and we believe the beliefs and proprieties about it, are entirely clear. So far as further discussion and the development of events are concerned, we in the usual channels are always open to discussion with other parties about when or in what way further discussion can be made. I apologise to the House for my intervention but these are important things which we need to reflect on. Perhaps this has been a prolonged process, but I would like, in the immortal phrase of the Senate of the United States of America, to yield the floor to my noble friend Lord Sharpe to conclude the proceedings.

Asylum Seekers: Rwanda

Lord Purvis of Tweed Excerpts

Thursday 21st March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, as I said earlier, this is separate from the Bill and the treaty. I cannot answer the question, as I do not know when Parliament will see the agreement.

[Lord Purvis of Tweed (LD)]

My Lords, in the proceedings of the Illegal Migration Bill—now the Act—that was passed last July, the Minister told us that the Act was necessary as a disincentive for people who would cross the channel. The Government have not brought the Act into force yet, eight months after it was passed by Parliament. Can the Minister confirm that those people who have arrived by boat since the passage of the Act until today have been able to claim asylum? How many have been doing so and what are the financial consequences?

[Lord Sharpe of Epsom (Con)]

My Lords, I am afraid that I do not have the numbers to hand, because the Question that I am answering is of a very different nature. I will have to come back to the noble Lord.

Former Independent Chief Inspector of Borders and Immigration: Reports

Lord Purvis of Tweed Excerpts

Wednesday 6th March 2024 Lords Chamber

[Lord Sharpe of Epsom (Con)]

The noble Lord has made that point before. Of course, we are unable to detain anybody, so when he characterises them as being lost, they have left as much as anything else. When they go missing from hotels, a multiagency missing persons protocol is mobilised, alongside the police and local authorities, to establish their whereabouts and ensure they are safe. Many of those who go missing are subsequently traced and located. The Home Office continues to review and improve practices around preventing children going missing, including work with the National Police Chiefs’ Council, which is publishing, and has published, guidance on missing migrant children. I say again: the vast majority of these were aged 16 and 17. Only 18 are still aged under 18.

[Lord Purvis of Tweed (LD)]

The Government’s Rwanda Bill will now contain measures that will allow unaccompanied children to be relocated to Rwanda, and the Government have published a country note for Rwanda stating that it is a safe country. Normally, country notes are reviewed by the independent commissioner, but David Neal’s office confirmed to me on 17 January that the Government had not yet asked for an independent review of their country note statement that Rwanda is a safe country. Now that there is no independent reviewer, how will Parliament know that that statement has been reviewed by an independent commissioner?

[Lord Sharpe of Epsom (Con)]

To start with, the noble Lord is incorrect in saying that unaccompanied children will be sent to Rwanda; as he is well aware, that is prohibited under Article 3 of the treaty. On the review, the ICIBI started on the country-of-origin information but that has not yet been sent to the Home Secretary. That is one of the ongoing pieces of ICIBI work that cannot be finalised until a new or interim ICIBI has been appointed, and I cannot comment on that process yet.

Safety of Rwanda (Asylum and Immigration) Bill

Lord Purvis of Tweed Excerpts

2nd reading
Monday 29th January 2024 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, my noble friends Lord German and Lord Thomas told us that we have a Bill in front of us, which the Government are asking us to support, which compels decision-makers to treat as fact things that have already been found to be false and to bar courts and tribunals from considering any evidence or arguments to the contrary. I have listened carefully to every contribution in this debate, and they have not been contradicted.

In addition, these Benches cannot support a Bill which states in Clause 1 that both Houses of Parliament consider a country to be safe when, actually, one House of Parliament last week conclusively stated we cannot yet make that judgment and refused to do so. It is not only that we are asked to consider alternative facts for Rwanda; we are now being asked to legislate a false record of our own votes. But we are not alone in saying that we cannot make that judgment about Rwanda: so did the Supreme Court; as we heard, so did the Home Office officials who, since the Government said that Rwanda should only be considered a safe country, have themselves determined that Rwanda is unsafe for four of its nationals to whom we have given asylum, while the Home Office was drafting this Bill to determine Rwanda safe. I would be grateful if the Minister could confirm that that is indeed the case.

The Government have said that the treaty addresses the Supreme Court’s concerns but are now asking us to bar the Supreme Court from judging whether it does. These Benches reject that. The noble and learned Lord, Lord Stewart, said at the start that the Supreme Court used out-of-date information when it came to its judgment, but we know, and he knows, that the Supreme Court gave considerable weight to the UNHCR, which just this month concluded again that the UK-Rwanda arrangements are

“incompatible with the letter and spirit of the 1951 Convention”.

The Bingham Centre for the Rule of Law told us that, fundamentally,

“Safety is a factual question which cannot be conclusively determined in advance, for all cases, by the legislature. Enacting a conclusive deeming of Rwanda as a safe country is a legislative usurpation of the judicial function”.


We agree.

Some in this debate, such as the noble Lords, Lord Dobbs and Lord Hannan, have said that they have to support the Bill because, alas, Opposition parties are not in power. There is a ready solution to their quandary, of course.

An alternative argument from the Government Benches came from the noble Baroness, Lady Goldie, who said that the Bill is “the only thing to do”. The noble Lord, Lord Kerr, quoted Lewis Carroll. Lewis Carroll also said, “If you don’t know where you’re going, any road will get you there”. I say with great respect to my friend Annabel—the noble Baroness, Lady Goldie—that we are not going to follow her on that road.

Some noble Lords raised the constitutional issue of our voting today, or

“defying the will of the people”,

as the Prime Minister said. Let us deal with the “will of the people” thing first. This is where the Prime Minister has determined that any piece of his legislation emanating from the Government, a government Bill, is “the will of the people” and therefore must be passed. He said it to us about this one, and we have had many Ministers and advisers from the Commons at the Bar just to make sure that we were aware of it. However, there is a wee flaw in this argument as, according to the Hansard Society, in the last Session of Parliament the Government themselves defied the will of the people by withdrawing a whopping 10% of their own legislative programme, or six Bills, four of which had actually been in the 2022 Queen’s Speech. So, if the Government themselves are defiant of the will of the people to such an extent, we are being modest in suggesting that just this one should be withdrawn.

The second argument concerns voting on Second Reading. This is unusual, of course, as my noble friend Lord German said, but it is not unheard of. In 2000, the Criminal Justice Bill was rejected at Second Reading in this House. On that occasion, my noble friends joined the Conservatives and some Cross-Bench Peers in voting the Bill down at Second Reading in this House. Then, as my noble friend indicated, in 2011 on the Health and Social Care Bill, Labour voted against a Bill that had just passed Second Reading in the House of Commons. I respect him greatly—I am not sure whether he is in his place—but the noble Lord, Lord Grocott, intervened on my noble friend to complain about that process, forgetting that he voted in that Division, as did five of his colleagues on the Labour Benches who have spoken this evening. All three parties and many on the Cross Benches—including 20 on that Bill, I say to my friend the noble Earl, Lord Kinnoull—have sincerely made a decision to vote on Second Reading, so that really is not an issue for this evening.

Others have referred to the Salisbury/Addison convention. I am not an expert like the noble Lord, Lord Lisvane, but even if the Bill got close to being anything like what was in the 2019 Government manifesto, these Benches have never adhered to that convention. Since the Bill was not in the 2019 Conservative manifesto, it might be worth reminding ourselves briefly, regarding immigration, what was. Page 20 had an

“Australian-style points-based immigration system”,

with the commitment that

“There will be fewer lower-skilled migrants and overall numbers will come down”.


The result? The ONS estimates that net migration to the UK was 745,000 in 2022, up from 184,000 in 2019, with overall numbers at a record high. The noble Lord, Lord Frost, was in Cabinet then, and I and others feel his pain and regret for failure—we felt that in his contribution, but he admitted it, so that is to be welcomed. Also on page 20 was the brightest-and-best visa. Remember that? That was when the UK was going to be catnip for the world’s global talent through the global talent visa. The result? Three applications in two years.

Page 21 is where it gets very worrying:

“We are committed to the Windrush compensation scheme”.


It has taken my noble friend Lady Benjamin and others in this House to be tireless campaigners on this, given the delays and inaction from the Government. The tragic result has been that, four years on, over 50 people have died before receiving recompense.

The overall record on the wider management of immigration is not much better. Actually, it is worse. According to Home Office figures, in 2013 the then Government returned 21,000 migrants voluntarily, but this fell to 4,000 in 2021. For those who had no right to be in the UK, the Government in 2012 returned 15,000 people, but in 2021 that had shrunk to 2,700.

The noble Lord, Lord Dobbs, said, “We need this Bill because we cannot wait”. Well, on these Benches we have been impatient for action on this for years, and the Government have not acted.

It was not just us complaining: the independent review by the Chief Inspector of Borders and Immigration in 2019 warned of consequences of poor data sharing and low morale among Home Office staff. The warnings were unheeded. I make a personal plea this evening: if we heard a contribution this evening with a warning we should heed, it was that from the noble Lord, Lord Hennessy, who is a moral and intellectual guardian of our constitution.

But the Government now seek to present the whole issue as being just for those seeking asylum. We know that there is a much lower share of failed asylum seekers as part of returnees: 8% in 2021, compared with 2010, when it was 23%. So we know that those arriving here, no matter how they arrive, have a higher cause, and the Government have considered that cause and given refuge to them—not under 1951 rules but under 2020 rules.

The noble Baroness, Lady Stowell, said, “The Government have been blocked all along from having this solution”. The Government have had every single migration measure that they wanted passed. It is that side’s issue, not ours.

The Home Office itself shows us that those seeking refuge are a smaller part of the problem than over a decade ago, but we know that returns are a much bigger problem because of the Government’s own mismanagement. Now, £290 million was spent, with a further £78 million on a notice for tender, last autumn—for nothing, as the noble Lord, Lord McDonald, said.

We now have a policy that is meant to be a deterrent, but the noble Lord, Lord Green, was right: how successful will it be if a Government issues a press release in the morning saying that their migration policies are a deterrent but then admit in the afternoon that, without a face-to-face interview, they gave 12,000 refugees right to remain, and potentially right to work, for five years? How that will that be successful?

A perfectly legal and acceptable returns agreement with Albania is working, but the Government have failed to agree other legal return and resettlement agreements. These are the very agreements that the noble Lord, Lord Bellamy, said in the Illegal Migration Bill proceedings would be necessary, and the noble Lord, Lord Hannan, said would be desirable. But the then Minister, the noble Lord, Lord Murray, told me they were not a silver bullet, and we have not seen any progress since.

We are not alone in highlighting the issues. The National Audit Office report on immigration enforcement ended with these words:

“The Department’s success in meeting its mission to prevent illegal immigration through greater compliance with immigration laws is unclear”.


On the Bill,

“the government’s position depends on the treaty to sufficiently conclude there is no risk of Rwanda deviating from its terms”,

but the Supreme Court found that

“obligations which Rwanda has previously breached”

were already contained in its agreements and “in binding international law”. But, as the noble Baroness, Lady Fairhead, said, we do not then set aside the ability to question this in any other treaty that we have signed, including a trade treaty, as we said. Not only that, but we have not made any concerns unchallengeable.

Parliament is being asked to judge Rwanda safe in primary legislation in perpetuity, but the Government’s own admission is that it will be in that situation only when the treaty is fully operational. But the Minister opening this debate was not able to answer the simplest question from the noble Lord, Lord Carlile: when will it be operational? The Minister told us that we must have “no doubt Rwanda is to be a safe country”—but he had plenty of doubt in answering when.

So how will we in Parliament know? We have been told time and time again that treaty making and treaty keeping are prerogative powers, not parliamentary ones. Now, apparently, those are our powers. Given that a key part of the Supreme Court’s ruling was that Rwanda had agreements already in place but did not adhere to them, how will we know?

The Government say it will be through a monitoring committee, but the committee in Article 15 of the treaty has no powers of enforcement: it can simply report to the Joint Committee, which has only advisory powers itself.

Before I close, I will pick up the point about trafficking made by my noble friend Lady Northover and the right reverend Prelate the Bishop of Durham. In 2022, 2,658 people who arrived via irregular routes were successfully referred through the national referral mechanism for report. However, the US State Department’s Trafficking in Persons 2023 report on Rwanda, which the Home Office cites as a gold standard and operates on the basis of, said that the Government of Rwanda

“did not meet the minimum standards in several key areas. The government continued to lack specialized SOPs to adequately screen for trafficking among vulnerable populations and did not refer any victims to services. The government provided support to and coordinated with the March 23 Movement … armed group, which forcibly recruited and used children … Scarce resources, lack of training, limited capacity, and conflation of human trafficking with other crimes hindered law enforcement efforts”.

So we are now expected to send a woman trafficked by a British gang, who arrived undocumented and cannot even claim that she has been trafficked here in the UK, to another country which will somehow operate a system which the TIP report has said does not even meet minimum standards.

Before I close, I will pick up on the point made by the noble Baroness, Lady Verma, about the UK’s characterisation of Rwanda and how we are seeing our relationship through the lens of vilification and ignoring development partnership. Well, it is the Government who say that being sent to Rwanda is a deterrent, not the Opposition. Even before the MoU was agreed, I raised my alarm in this Chamber that the Government had slashed development partnership support from £85 million in 2018 to less than £16 million. Now the financial partnership relationship with the Government of Rwanda is almost exclusively around migration. This relationship with Rwanda is being seen through the Government’s lens, not ours, and I regret that.

I will close by quoting Lord Williams of Mostyn, who opened a debate in 2000 when the House decided to defeat a Government at Second Reading:

“I recognise that most of those who will speak tonight are my personal and professional friends and that they will feel unable to support the Bill … I recognise that their motives are entirely honourable. It is not their motives I question but their conclusions”.—[Official Report, 28/9/2000; col. 961.]


Equally, I do not question any noble Lord’s motives for voting this evening, but these Benches have concluded, for all the reasons that my noble friends and colleagues have given, that this Bill should go no further.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, each individual case is different. I do not know the particular circumstances.

It is important to stress that people from many different nationalities apply for asylum in the UK. This includes nationals from some of our closest European neighbours and other safe countries around the world. That is why there are a small number of cases where we have granted asylum to individuals from countries that we would otherwise consider safe. This is a reflection of our system working. An individual claim is not a reflection of the country as a whole. This process also reflects the safeguards which the Bill provides to individuals in Clause 4, which I have just read out. Each case will be considered on its individual merits by caseworkers who receive extensive training. All available evidence is carefully and sensitively considered in the light of published country information, but I cannot comment on the specifics of individual cases.

The right reverend Prelate the Bishop of London and the noble Lord, Lord Blunkett, asked what support will be available for those who are particularly vulnerable. Rwandan officials will have due regard to the psychological and physical signs of vulnerability of all relocated persons at any stage of the application and integration process. Screening interviews to identify vulnerabilities will be conducted by protection officers in Rwanda who have received the relevant training and are equipped to handle competently safeguarding referrals. Interpreters will be available as required to ensure that relocated individuals can make their needs known. All interviews will be conducted with sensitivity for the individual’s well-being.

The Government of Rwanda have processes in place to safeguard relocated individuals with a range of vulnerabilities, including those concerning mental health, gender-based violence and addiction. All relocated individuals will receive appropriate protection and assistance according to their needs, including referral to specialist services, as appropriate, to protect their welfare.

Article 13 of the treaty makes specific provision that Rwanda will have regard to information provided about a relocated individual relating to any special needs that may arise as a result of their being a victim of modern slavery or human trafficking and shall take all necessary steps to ensure that these needs are accommodated.

[Lord Purvis of Tweed (LD)]

How will they know? The Illegal Migration Act prevents someone who may well have been trafficked from even starting the process of claiming that they have been trafficked here, so how will the Rwandans know? We are not collecting that information.

[Lord Sharpe of Epsom (Con)]

My Lords, as I have just said, the treaty makes specific provision that Rwanda will have regard to information provided about a relocated individual by the United Kingdom.

[Lord Purvis of Tweed (LD)]

I am grateful, but that is prohibited in the Illegal Migration Act.

[Lord Sharpe of Epsom (Con)]

My Lords, I will have to write to the noble Lord on that very specific point.

These are also detailed in the standard operating procedures as part of the evidence pack released on 11 January in support of the Bill. Furthermore, the UK is providing additional expertise to support the development of Rwanda’s capacity to safeguard vulnerable persons.

The noble Lord, Lord Cashman, and the noble and learned Lord, Lord Etherton, asked about the treatment of LGBT persons, if sent to Rwanda. Rwandan legal protection for LGBT rights is generally considered more progressive than that of neighbouring countries. The constitution of Rwanda includes a broad prohibition of discrimination and does not criminalise or discriminate against sexual orientation in law or policy. As set out in paragraph 36 of the Government’s published policy statement, the constitution of Rwanda prohibits, at article 16, discrimination of any kind based on, among other things, ethnic origin, family or ancestry, clan, skin colour or race, sex, region, economic categories, religion or faith, opinion, fortune, cultural differences, language, economic status, and physical or mental disability.

The noble Baroness, Lady Brinton, asked about unaccompanied children deemed to be adults being relocated to Rwanda. As the treaty sets out in Article 3(4), we will not seek to relocate unaccompanied individuals who are deemed to be under 18 to Rwanda. Any unaccompanied individual who, subsequent to relocation, is deemed by a court or tribunal in the UK to either be under 18 or to be treated temporarily as being under 18, shall be returned to the UK.

Asylum: UK-Rwanda Agreement

Lord Purvis of Tweed Excerpts

Monday 22nd January 2024 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, I am happy to follow the noble Baroness. I am grateful for the committee’s work, especially since the Commons is not debating the treaty. These Benches agree with the conclusions of the unanimous cross-party report and will support the Motions. I am also grateful to the Minister for his comprehensive reply and fulsome response to a letter that I wrote to the Foreign Secretary in December.

Some outside the House may say that, over the coming weeks, we will be approaching our work in a constitutionally unusual way. The Government are insistent that we are constituted in the way that we are with the powers that we possess, but that we should not use them—in some form of appeal to the law to make us good at scrutiny, but not yet. We will do our job and we will scrutinise properly, and on the treaty too.

The treaty builds on the MoU, in certain areas with clarity, I accept, but in most other areas with assertion and optimism. Together with the Bill, the Government respond to the Supreme Court ruling not by addressing its substantive points but by setting them aside and presenting Parliament with alternative facts.

These Benches oppose the treaty and the Bill, which place the United Kingdom at material risk of breaching our international law commitments and undermining the rule of law by ousting the jurisdiction of the courts. They will lead to further substantial costs to the taxpayer, fail to provide safe and legal routes for refugees, and fail to include measures to tackle people-smuggling gangs.

The House will recall that, on 13 April 2022, at the start of all this, the Home Office Permanent Secretary said that there was insufficient evidence to back up the Government’s assertion that the agreement with Rwanda would provide value for money, so he sought and received a ministerial direction. Some £120 million had been spent. It is utterly unacceptable that, after repeated questions on funding from me and others in this Chamber, in 2022 and 2023, only in December last year was it disclosed that a further £120 million was committed at that time—secretly by Ministers, with no disclosure.

When I visited the reception centre in Kigali in the summer of 2022, I was told that this was an annualised rolling contract, renewable in March each year. So can the Minister confirm that there will be another £120 million committed for next year, over and above the £50 million the Home Office has indicated for the coming year—and will this also be kept secret? Is this being scored against official development assistance? Why is it not being reported on a project basis in a transparent way?

Incredibly, the Home Office now says that part of the £290 million is a credit line to the Rwanda Government—not for the purpose of the treaty, but a credit line. For what, precisely, and to whom? Who are the beneficiaries?

I can inform the House today that, on top of the £290 million, the Government quietly issued a tender last March for a £78 million contract for:

“Collection, transportation, and escorting individuals overseas through an MEDP”.


Given that the only partnership the UK is seeking to agree is with Rwanda, this is now £368 million willing to be committed. Can the Minister be clear what the projection costs are for 2025 and 2026, so that we have transparency.

These Benches want an immigration system that is efficient and fair, allows for regulated movement of people for our economy and takes into consideration need and capacity. We want a system that is not gamed, either from those within the UK or by organised crime abroad, but is one where we reject the pernicious and deliberate conflation of economic migration and those seeking asylum from political and personal persecution. That conflation meant that the previous Home Secretary and the Minister in this House repeated the untruth that

“there are 100 million people who could qualify for our protection, and they are coming here”.

Well, there are not, and they are not—and the Lords Minister stopped repeating this trope only after I cited the condemnation of the UK Statistics Authority, which formally asked Ministers not to repeat it.

The Home Office is a serial offender. Last week, the head of the UK Statistics Authority wrote to my colleague Alistair Carmichael MP about the Prime Minister’s wholly misleading statement on 2 January in which he said he had got rid of the backlog of asylum decisions by the end of 2023. It was misleading because the Home Office ignored 5,000 so-called “hard cases”, as it defines them. In a withering reply, Sir Robert Chote said that it was

“not surprising that the Government’s claim has been greeted with scepticism and that some people may feel misled”.

Furthermore, it should be noted the Home Office went full Kafka last week in sending us supporting evidence for its Bill. That evidence included this treaty, which it negotiated itself. And the justification for the necessity of this treaty, the Government say, is their own Bill.

Part of the pack is an updated country note for Rwanda, which updates one published just last spring. The one with barely dry ink was slightly inconvenient as it said a little too much about Rwanda’s human rights record and problems in processing asylum. Now, the language on human rights has been eased, massaged and sanitised. I emailed the independent inspectorate tasked with reviewing the country note and was told it had not yet concluded a review of the previous one to verify it. The Government, so eager to change the conclusions, did not even wait for the evidence from their own independent inspection body. All these aspects get to the central part of the issue and are why we must verify the treaty’s assertions before they are brought into force.

The Supreme Court’s ruling was clear. In paragraph 104, it says:

“The matters which we have discussed are evidence of a culture within Rwanda of, at best, inadequate understanding of Rwanda’s obligations under the Refugee Convention”.


As the noble and learned Lord, Lord Goldsmith, said, the UNHCR position on Rwanda’s insufficient processes, the UK MoU and now the treaty and Bill are also clear—and it is responsible for interpreting the convention. But the Government have sought to undermine the UNHCR; on 24 May last year, the Minister, the noble Lord, Lord Murray, who is in his place, told the House:

“The UNHCR is clearly a UN body; it is not charged with the interpretation of the refugee convention”.—[Official Report, 24/5/23; col. 968.]


Paragraph 65 of the Supreme Court ruling says:

“The first relevant factor is the status and role of UNHCR. It is entrusted by the United Nations General Assembly with supervision of the interpretation and application of the Refugee Convention”.


There can be no stronger rebuttal of the Government than that.

The Supreme Court also stated:

“It is also apparent from the evidence that significant changes need to be made to Rwanda’s asylum procedures, as they operate in practice, before there can be confidence that it will deal with asylum seekers sent to it by the United Kingdom in accordance with the principle of non-refoulement. The necessary changes may not be straightforward, as they require an appreciation that the current approach is inadequate, a change of attitudes, and effective training and monitoring”.


I asked the Government, with regard to their treaty commitment on refoulement, when the proposed mechanisms would be ready. The Minister replied to me, and in his response said:

“This mechanism is in development and will be in place once the partnership is operational”.


“In development”, and a process that may be extended with unlimited extensions. Does

“will be in place once … operational”

mean that they will need to be in place before it becomes operational, or that they will be put in place after the treaty is operational? It is unclear, and the Minister needs to be clear.

Equally opaque is the appeals process, which is fundamental to the court’s ruling. This is covered in Annexe B in the treaty. Given that these need to be in place in advance of the agreement coming into force, when will they be operational? I asked for a planned date. The reply with regard to the judges appointed was:

“The precise number of judges (and precise mix of nationalities) is being considered by the UK and Rwandan Governments … The process for selecting the co-presidents is being developed by the UK and Rwandan Governments and we will set this out in due course”.


We see “in due course” again, and “is being considered”, and “is being developed”. I asked the Government about the training of the judges, which the treaty says will have to be in place, and when that would be complete. Again, it is “being discussed”.

Article 14 also commits to Rwandan security service officers, which they term “liaison officers”, being part of the UK asylum process,

“including the screening of asylum seekers”.

This is quite extraordinary, given that the UK has provided asylum to six Rwandans after the Government had stated that Rwanda itself was a safe country. And there is no treaty restriction on the limits of the access to the operational processes of the Rwandan security services in screening UK asylum applications. Given that I was monitored and spied on after meeting an opposition leader in Kigali, I say to the Minister with great seriousness that this section needs very careful consideration.

Finally, Article 19 covers the resettling of asylum seekers currently in Rwanda to the UK, which the noble Baroness referenced. The Minister replied to me, saying that the UK was now committed to receiving those asylum seekers from Rwanda who are the most vulnerable. If Rwanda cannot accommodate vulnerable asylum seekers in Rwanda, why are the Government proposing to send vulnerable asylum seekers to Rwanda? I also asked how many there were. The Government said:

“As the partnership is not yet operational, we have no figure or specific information to provide to you as to the number of non-Rwandan refugees who may be resettled in the UK or their circumstances. We expect this number to be very small”.


The Minister’s response to me sought to be reassuring. He said:

“This is not a 1:1 agreement”.


I think most people will be reassured by that—but if it is not one for one, what is the figure and when will we know? Is it capped?

The Government cannot legislate new facts that are more politically palatable; they cannot mislead by deliberately misstating data; they cannot release new reports that sanitise ones that themselves have just been released; they cannot expect us to ratify a treaty when its essential elements remain unclear, with no details of timeframe or even of its commencement. They cannot do these things and expect us to turn away or to say, as some might, “Something must be done; this is something, so we must do this”—or, as the Foreign Secretary told me last week, on the lack of any of the promised new safe and legal routes, we just have to do it because we have to think out of the box. The Supreme Court was pretty clear in paragraph 104 of the ruling that when it comes to safety, thinking in the legal box is a practical necessity. The treaty does not in itself create a new reality, and therefore there are too many outstanding questions for us to assent to its ratification now.

--- Later in debate ---

[Lord Wolfson of Tredegar (Con)]

My Lords, it is a particular pleasure to follow the noble Lord, Lord Carlile of Berriew, who I know will appreciate, although I think he and I will disagree on this topic, that I always listen to anything he says with real care, and often I learn from it. I am very grateful to the noble and learned Lord, Lord Goldsmith, and his illustrious committee for the report, which I have read and reread. I am also grateful to the powers that be for providing time for this debate, which the noble and learned Lord opened with his customary skill and persuasiveness. As judges who find themselves in a minority are wont to say, I have the misfortune to take a different view. So, although I will vote for the first Motion if there is a Division on it, I will vote against the second.

Let me clear one point out of the way first, although it is an important point, about the procedure that lies behind this debate. As my noble friend Lord Sandhurst explained, under the current legislation this House cannot block the treaty. That is as it should be: it would be a significant rewriting of the role of this House for it to block a treaty or to do any such thing. Under the relevant Act, the other place can delay a treaty again and again, but this House has no such power. I accept that there is a real debate to be had about the role that Parliament, and especially the other place, should have with regard to the review and ratification of treaties. This all used to be done under the prerogative, but times have moved on.

My friend—not in the parliamentary sense but in the actual real-world sense—Alexander Horne has co-authored a paper with Professor Hestermeyer on this topic, under the aegis of the Centre for Inclusive Trade Policy, and I am grateful to them for advance sight of it. I do not agree with all the paper’s conclusions—Alex will, I hope, forgive me for saying that—but it is a valuable contribution to an important debate. As my noble friend Lord Howell of Guildford said, our procedures in this context are not replicated in many other countries and may well require review and perhaps updating. But that is not the issue today; the issue today is not our procedures for ratifying and discussing treaties but the treaty itself. As my noble friend Lord Sandhurst noted, the issue is the treaty, not the Bill, which we will debate at Second Reading next week.

I know that many noble Lords do not like the Bill—I look forward to some vigorous and perhaps lengthy debates on the Bill—but next week’s Bill is not today’s topic. We are looking at the treaty, not the Bill, although it is interesting that I have not so far—I think I am the last speaker from the Back Benches—heard a speech today that says, “I like and support the Government’s policy in this area and I will vote for the Bill next week, but I just don’t like this treaty or the way the Government have gone about it”. For some reason, those opposing the treaty also oppose the policy underlying it and will also no doubt oppose the Bill next week.

I suggest that there is nothing objectionable about the treaty, what it does or what it says. It improves the protections as compared with the previous memorandum, not least by providing that persons can be removed from Rwanda to the UK, and only to the UK, thus directly addressing the risk of refoulement that lay at the heart of the Supreme Court’s judgment.

The thrust of the argument of those in support of the second Motion is, “We can’t be sure that the Rwandan Government will actually do what they say they will do”. That is not the view I take, but it is a position that of course I understand, in which case I respectfully say: put some measures into the Bill to make sure that the Rwandan Government live up to their obligations; or, if noble Lords cannot be satisfied by way of such amendments, vote against the Bill. To pick up the metaphor of the noble Lord, Lord Carlile: if you do not like the foundations, do not build the skyscraper—but let us have the argument about the skyscraper, not the foundations.

Before I sit down, I will respond to an important point made by the noble Lord, Lord Purvis of Tweed, which deserves a proper response. He made the point that my noble friend Lord Murray of Blidworth was wrong when he informed the House, when he spoke from the Front Bench, that the view of the United Nations High Commission for Refugees as to the interpretation of the refugee convention was not binding. That was the point that the noble Lord made this afternoon; he has made it before as well. His contention was that it is binding. He also said that the Supreme Court has said that it is binding. He quoted from the decision of the Supreme Court—let me reply to it.

The statement he referred to in the decision of the Supreme Court was that the UNHCR is entrusted with the

“supervision of the interpretation and application of the Refugee Convention”.

The Supreme Court did say that, but that shows that the UNHCR is not itself mandated with giving a binding interpretation of the convention. It does not have that right. Its role is to supervise the interpretation of the convention by the signatory states.

Indeed, the Supreme Court goes on to make that point in the rest of the paragraph from which he quotes, paragraph 64 of the judgment. The Supreme Court goes on to say, citing its own decision in the case of Al-Sirri in 2013, that the UNHCR’s guidance—note that word, guidance—as to the interpretation of the convention

“should be accorded considerable weight”.

So it should, but when judges say that something should be accorded considerable weight, they are necessarily saying that it is not binding. The UNHCR does not hold the pen on the interpretation of the convention. That was the point that my noble friend Lord Murray of Blidworth made, and indeed it is a point that I have made on previous occasions.

I am very happy to give way to the noble Lord.

[Lord Purvis of Tweed (LD)]

I am grateful, since the noble Lord mentioned me, because I know interventions are unusual in this debate. I quoted the noble Lord, Lord Murray, word for word from Hansard when he said:

“The UNHCR is … a UN body; it is not charged with the interpretation of the … convention”.—[Official Report, 24/5/23; col. 968.]


The Supreme Court disagreed very clearly. I did not insert the word “binding”; Hansard will show that. I quoted like for like, and I think the Supreme Court’s position was perfectly clear that the noble Lord, Lord Murray, was wrong.

[Lord Wolfson of Tredegar (Con)]

I know that this is a legalistic point, but that is the thing about the Supreme Court: it tends to make them. It went out of its way to say that the UNHCR is not interpreting the convention; it is supervising the interpretation of the convention by the signatory states. That may seem to be a subtle distinction, but it is critical, because it remains the right of the states themselves to interpret the convention. At least we have managed to have one intervention in this afternoon’s debate. That exchange has shown that we can all look forward to some interesting and vigorous debates next week and thereafter—but that is not today’s business.

I invite the House not to take a sideswipe at the policy—or, in advance, at the Bill—by way of the second Motion. Of course, we should support the first Motion, but I urge the House to vote against the second Motion.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2024

Lord Purvis of Tweed Excerpts

Thursday 18th January 2024 Lords Chamber

[Lord Polak (Con)]

My Lords, I thank my noble friend the Minister and the Government for this. I am not sure that I am going to go down the route of, “What took us so long?” I recall Tony Blair talking about banning Hizb ut-Tahrir. I even recall our new noble friend the Foreign Secretary talking about it in 2010, before becoming Prime Minister, saying that it was something that would be done. Therefore, I am very grateful to the Minister and his colleagues for ensuring that it has been done.

I guess I declare an interest: I am a Jew, and very proud of it. I know full well what Hizb ut-Tahrir wants to do to me, my family and my co-religionists. I am grateful to the Minister for this measure, so obviously I will support it.

However, the Minister will know that I do not miss an opportunity—and I will not miss this opportunity. While the Government are on a roll and have done the right thing, they know that I and others in this House believe that the IRGC should be going in exactly the same way. The IRGC are the masters of everything that we do not like, in the way that the Minister described at the beginning. While thanking him, I hope that he will not mind me asking for a little bit more. The IRGC needs to be proscribed.

[Lord Purvis of Tweed (LD)]

My Lords, I thank the Minister for introducing the measure so clearly. I agree with what he said. It is regrettable that I have had to cover a number of organisations to be proscribed—regrettable because we are living in an age, unfortunately, when there are organisations which abuse our liberties and freedoms. They are either terrorist organisations themselves or they support terror.

Indeed, we live in an age of heightened conflict. Next week, I and other noble Lords will be considering another suite of sanctions related to the conflict in Ukraine, and I will be receiving a delegation of Lebanese who are fearful for the security in that country—the country the Minister referred to.

These are difficult times. Therefore, as we protect our communities as well as our freedoms and liberties, it is unfortunately necessary to have measures such as these. The Minister said, quite rightly, that there are high bars to be reached before proscription. I know that he will not comment on the previous attempts at proscription—I also read the reference to the previous calls; I do not expect him to comment on that—but I will ask him a few questions on the measures coming forward.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2023

Lord Purvis of Tweed Excerpts

Thursday 14th September 2023 Lords Chamber

[Lord Purvis of Tweed (LD)]

My Lords, it is a pleasure to follow the noble and gallant Lord. I agree with every single word he said. I also agree with what the Minister said in outlining these measures, which we support from these Benches.

Ever since the formation of this private military consultants group, after the illegal invasion of Crimea by Dmitry Utkin then led by Yevgeny Prigozhin, I have been following not only the activities but the tactics of this group. I followed the fact that it had been recruiting from prisons; that it had carried out its activities way beyond those norms which the noble and gallant Lord indicated; and the spread of its activities, which are on the one hand formally not permitted under Russian law but on the other hand are a very useful tool of Putin to extend some form of terror and influence across the Sahel and other parts of Africa. This led me to be the first in Parliament to call for the group’s proscription in April last year; I did so again on 23 May, 9 June, 7 July, 15 November, 21 December and have done so countless times this year to Ministers from the Home Office, the FCDO and the Treasury. So I am very pleased that the Minister has brought forward these measures to see this evil organisation categorised as exactly what it is: a terrorist organisation.

I was alarmed during this process by some of the responses from the Government. I hope the Minister will allow me to make just a couple of comments with regards to the missed opportunity in not proscribing earlier. On 11 July, my noble friend Lady Northover questioned the Defence Minister, the noble Baroness, Lady Goldie. Citing my calls, my noble friend said that

“surely the case for proscription is now more pressing than ever”.

The Minister replied:

“I would observe that proscription in its own right is perhaps less effective because of the particular environment in which it applies”.—[Official Report, 11/7/23; col. 1644.]


However, that is entirely the point. The Wagner Group has, to some extent, acted with impunity. Therefore, the signal from the UK to act now is very welcome, but it is worth nothing that it was this Government and this Treasury who issued a sanction avoidance licence to the leaders of this terrorist group in order to use the English legal system in palpably malign legal activities under a SLAPPs action. It was this Government’s Treasury that permitted the abuse of our system, therefore His Majesty’s Government—and Her Majesty’s Government before—have been slow to act. There was a Treasury derogation of sanctions that this Parliament had approved; we in this House would have said that that was outrageous had we been informed. I say this to the Minister: I hope that there will be no other actions such as those sanctions derogations for the other groups that the noble and gallant Lord indicated are acting similarly to the Wagner Group.

My second point relates to some of the areas where this group has been acting; the Minister and other Ministers have heard me say this before. I have seen Wagner operatives in Sudan at first hand. I saw them in Khartoum. I have seen the breadth of their work, not just purely within terrorism activities but in misinformation, disinformation and disruption of processes. Regrettably, they have continued to operate. I have raised in Grand Committee the fact that the Wagner Group has been contracted through a number of joint ventures that Russia has operated in—one with regards to the Kush gold project in Sudan with the United Arab Emirates. At this gold project, Wagner has been under its security consultant’s arm. I am sure that they are but I hope the Minister can confirm that all elements of the Wagner network are so proscribed, and that there is no loophole where some form of private sector separate contracting security operatives could operate within this. Wagner, operating under security for the Kush gold project, which provides funds to one of the warring parties to Sudan—the Rapid Support Forces—is in effect, to my knowledge, being operated under a financial vehicle between Russia and the UAE. I would be grateful if the Minister could indicate what discussions we are having with our allies to ensure that any commercial relationship with the Wagner network, or those who advise the Wagner network, will also be within scope of the Home Office’s activity.

In supporting this measure, I hope that His Majesty’s Government will be assertive not just in following suit with our friends in the European Union and the United States—I welcome the fact that the Government are in discussions with them—but in using all of the money laundering measures that we have in place and our diplomatic relations with those in the Gulf to indicate that their relationships with this network are now beyond the pale for any UK operatives. I would be more than welcome a briefing from officials in due course should the Minister allow me to do so because it is simply the case, as we all know, that proscribing is welcome but is not the end of the process. It is about how we ensure that it is implemented not just alone but with our allies in order to ensure that this evil network is halted in its activities, which are against humanity.

[Lord Polak (Con)]

My Lords, I thank the Minister for the Statement and the Home Secretary for giving the Statement yesterday. This is the right thing to do; maybe it is a bit late in the day but it is the right thing to do.

The problem we have in this area is that we are not always consistent. We have done the right thing here but I have here on my phone the front page of the Jewish Chronicle, published today before the Jewish New Year, which is tomorrow night. The headline reads:

“James Cleverly: ‘We will not ban Iran’s Terror Guards’”.


In everything that was read out by the Minister, you could cut and paste in “IRGC”. The IRGC has done everything—and more, in my view—that the Wagner Group has done in terms of the UK. I know that the Home Secretary and my noble friend the Minister will say it is under review and all of that, but it is the consistency that I hope the Government will look at. In the middle of the interview, it says here that Foreign Secretary Cleverly said that

“he would not ‘speculate’ on whether the policy might change in future, pointing out that any decision of this kind would be taken ‘across government’, not by the Foreign Office alone”.

I welcome that statement because it seems that everybody across government is supportive of the proscription of the IRGC; it just seems to be that the Foreign Office is not. I congratulate the Minister today but I do wish we would be consistent.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, I am very grateful to all who have contributed to this debate. A lot of ground has been covered, and I am encouraged by the supportive atmosphere in which the discussion has taken place. Members of the Wagner Group are terrorists, plain and simple, and am I confident that the House recognises, as do the British people, that we have a moral responsibility to act. We must and will confront terrorism wherever and however it occurs, and that is why we are taking this action.

I turn to the specific points raised. I start by reassuring, I hope, the noble and gallant Lord, Lord Stirrup, that, in addition to our continued training offer to the national police of Ukraine to support Ukraine’s collection of evidence of Russia’s war crimes in Ukraine, the Home Office is currently providing short-term funding to the war crimes documentation centre, run by a Ukrainian NGO in Warsaw. It ensures that first-hand testimony from Ukrainian refugees in Poland is recorded. The UK is also providing £2.5 million to the Atrocity Crimes Advisory Group to support Ukraine’s domestic investigations and prosecution of international crimes. We are also working extremely closely with the ICC in support of its investigations. That is a very comprehensive package of support, and I hope it continues and is enhanced.

A number of noble Lords asked what would happen if the Wagner Group merges with the Russian MoD or Redut. HMG keep the list of proscribed organisations under very careful review. It is not government policy to comment on whether an organisation is under consideration for proscription or whether the Government will consider a specific organisation, but proscription sends a strong message about the UK’s commitment to tackling terrorism globally and calling out terrorist activity wherever it is committed. The turmoil currently facing the Wagner Group presents opportunities for impactful disruption of its activities, and I will come back to that later.

A number of noble Lords, including the noble Lords, Lord Purvis and Lord Coaker, and my noble friend Lord Polak asked why it has taken so long. The decision has not been taken in isolation. It builds on a strong response to Russia’s aggression in Ukraine and the Wagner Group’s wider destabilising activities, including extensive sanctions. The Government sanctioned the Wagner Group in February 2022, imposing asset freezes on any funds identified as belonging to Wagner in the UK and travel bans on any of its members. The Foreign Secretary expanded these sanctions in July this year, with 30 new UK sanctions targeting a range of individuals and businesses linked to the actions of the Wagner Group in Africa. The House will be aware of the recent significant events surrounding the Wagner Group, so it was right for the Home Secretary to consider the impact of those key events when taking the proscription decision.

Now is the time to proscribe. The turmoil currently facing the Wagner Group, as I have just said, presents opportunities to disrupt its activities. Proscription sends a strong message of the UK’s commitment to tackling terrorism globally and calling out terrorist activity wherever it is committed. This proscription reiterates the UK’s unwavering support to Ukraine and condemns Russia’s aggression, Wagner’s role in the war in Ukraine and its wider activities, which have consistently been linked to human rights violations, as others have noted.

The noble Lord, Lord Purvis, asked what the impact of proscription is. It sends a very clear message and will enable us to disrupt significantly. In addition to the proscription offences, proscription can support other disruptive activity, including the use of immigration powers, encouraging the removal of online material, EU asset freezes and so on. The resources of a proscribed organisation are terrorist property and therefore liable to be seized.

The noble Lord, Lord Purvis, also asked why Prigozhin was able to circumvent sanctions to sue a journalist in this country. I refer the House to the statement made on this matter by my noble friend Lady Penn on 30 March this year. Following a review of how these licences are granted, it is now the Government’s view that in most cases the use of funds frozen due to sanctions for the payment of legal professional fees for defamation cases is not an appropriate use of funds and, in many cases, will be against the public interest. OFSI will in future take a presumption that legal fees relating to defamation and similar cases will be rejected.

The noble Lord, Lord Coaker, asked for clarification of the application of proscription offences. The membership offence under Section 11 of the Terrorism Act 2000—TACT—has extraterritorial jurisdiction, applying to anyone, wherever they are in the world. The support offence applies to any UK citizen or resident. Terrorist financing offences could also apply outside the UK. Once Wagner is proscribed, we will expect social media companies to identify and remove content that promotes or supports the Wagner Group.

I anticipated the question by my noble friend Lord Polak on the IRGC and I understand it, because there is obviously significant parliamentary, media and public interest in a potential proscription decision. Both the House of Commons and the House of Lords have discussed IRGC proscription, with the House of Commons unanimously passing a Motion in January to urge the Government to proscribe. As Ministers have previously made clear to the House, the IRGC’s destabilising and hostile activity is unacceptable, and we will use all tools at our disposal to protect the UK and our interests at home and abroad. That includes considering proscription where appropriate.

The UK Government have sanctioned the IRGC in its entirety. While the department keeps the list of proscribed organisations under review, as I have said, our policy is not to comment on the specifics of individual proscription cases, and I am unable to provide further details on this issue. Ministers have previously confirmed to the House that this decision was under active consideration, but they will not provide a running commentary. I say to my noble friend that there is one difference: the IRGC is an Iranian military body answerable to Iran’s Supreme Leader. The Home Secretary’s role, as discussed in relation to Wagner, is to consider all available evidence before arriving at a decision.

A number of noble Lords asked what efforts have been made to persuade international allies to take co-ordinated action against the Wagner Group. His Majesty’s Government continue to work with key international partners to ensure that the Wagner Group is held to account on the world stage and to promote global efforts to curtail Wagner’s destabilising activity. When it comes to proscription decisions, the Home Secretary will consider the position of key international partners and, where appropriate, departments will undertake proactive engagement to explore the benefits of concerted multilateral action to increase the effect of proscription. The Foreign Office and Ministry of Defence have been very supportive of international engagement over this particular decision. I would also like to reassure the noble Lord, Lord Purvis, that this is very comprehensive and there is no way for Wagner or its offshoots to hide.

The noble Lord, Lord Coaker, asked about Contest. I refer to the Government’s recent refresh of the integrated review, which set out that the UK will use all tools at our disposal to protect the UK against the modern threats we face.

[Lord Purvis of Tweed (LD)]

I will be happy if the Minister wishes to write to me on this, but I raised a point regarding entities that have contracted the Wagner Group as private security. This can include joint ventures with commercial organisations and countries we have friendly diplomatic relations with, including in the Gulf. Can the Minister write to me about how we will apply the extraterritorial aspects of this with regard to that component? That is very important to ensure that there is no avoidance of the very valid reasons we are doing this.

[Lord Sharpe of Epsom (Con)]

The noble Lord makes a good point. He reminds me that I should have commented on his comments about a very specific country, which of course I am not really able to do in detail. I am sure that diplomatic efforts and overtures are ongoing. I am certainly happy to write to the noble Lord in as much detail as I am able to.